HomeMy WebLinkAbout1998-002ORDINANCE NO 9d --OOZ
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR FEED WATER HEATER TUBE REPLACEMENT TO YUBA HEAT
TRANSFER DIVISION, IN THE AMOUNT OF $ 58,945 00, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE
(BID #2139—FEED WATER HEATER TUBE REPLACEMENT)
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances, and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids
BID
NUMBER CONTRACTOR AMOUNT
2139 YUBA HEAT TRANSFER DIVISION $ 58,945 00
SF•CTION II That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with
all requirements specified in the Notice to Bidders including the timely execution of a written
contract and furnishing of performance and payment bonds, and insurance certificate after
notification of the award of the bid
SECTION III That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein
SECTION IV That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto
SECTION V
approval
PASSED AND APPROVED this the day of 1998
That this ordinance shall become effective immediately upon its passage and
JAC LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY r
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
ATTACHMENT # 1
TABULATION SHEET
BID #
2139
BID NAME
FEED WATER HEATER
TUBE REPLACEMENT
YUBA
HEAT
PES
PINGLE
HAMON
POWER
TEI
THERMAL
TRANSFER
EXHCHANGE
SERVICE
EING
SERVICE
INT
DATE
2•Dec-97
1
RETUBE, BASE BID
$42,945 00
$46,925 00
$",840 00
$53,022 00
2
TUBE CAGE REPAIR
$16,000 00
$16,000 00
$16,000 00
$16,000 00
3
TOTAL EVAULATED
$58,945 00
$62,925 00
$60,840 00
1 $69,022 00
CONTRACT AGREEMENT ,
STATE OF TEXAS $ � 'Aid -
V
COUNTY
COUNTY OF DENTON $
THIS AGREEMENT, made and entered into this 5 day of
JANUARY A.D., 19 98 , by and between
CITY OF DENTON
of the County of DENTON and State of Texas, acting
through TED BENAVIDES
thersunto duly authorized so to do, hereinafter termed "OWNER," and
YUBA NEAT TRANSFER DIVISION
P_O_ BOX 3158
TULSA. OR 74101-3158
of the City of TRr.9A , County of
and State of
C$T--40:1: CO) 60
termed "CONTRACTOR."
TULSA
, hereinafter
WITNESSETH: That for and in consideration of the payments and
agreements hereinafter mentioned, to be made and performed by
OWNER, and under the conditions expressed in the bonds attached
hereto, CONTRACTOR hereby agrees with OWNER to commence and
complete performance of the work specified below:
BID # 2139 - FRED WATER BEATER TUBE REPLACEMENT
in the amount of $58,945.00 and all extra work in
connection therewith, under the terms as stated in the General
Conditions of the agreement; and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery,
equipment, tools, superintendence, labor, insurance, and other
accessories and services necessary to complete the work specified
above, in accordance with the conditions and prices stated in the
Proposal attached hereto, and in accordance with all the General
Conditions of the Agreement, the Special Conditions, the Notice to
Bidders (Advertisement for Bids), Instructions to Bidders, and the
Performance and Payment Bonds, all attached hereto, and in
accordance with the plans, which includes all maps, plats,
CA - 1
blueprints, and other drawings and printed or written explanatory
matter thereof, and the Specifications therefore, as prepared by
CITY OF DENTON ELECTRIC PRODUCTION DEPARTMENT
all of which are made a part hereof and collectively evidence and
constitute the entire contract.
It is mutually understood and agreed by and between City and
Contractor that Contractor is an independent contractor and shall
not be deemed to be or considered an employee of the City of
Denton, Texas, for the purposes of income tax, withholding, social
security taxes, vacation or sick leave benefits, worker's
compensation, or any other City employee benefit. City shall not
have supervision and control of Contractor or any employee of
Contractor, and it is expressly understood that Contractor shall
perform the services hereunder according to the attached
specifications at the general direction of the City Manager of the
City of Denton, Texas, or his designee under this agreement.
Contractor shall and does hereby agree to indemnify and hold
harmless the City of Denton from any and all damages, loss, or
liability of any kind whatsoever, by reason of injury to property
or third persons occasioned by any error, omission or negligent act
of Contractor, its officers, agents, employees, invitees, and other
persons for whom it is legally liable, with regard to the
performance of this Agreement, and Contractor will, at its cost and
expense, defend and protect the City of Denton against any and all
such claims and demands.
This agreement shall be governed by the law of the State of
Texas and venue for its construction and enforcement shall lie in
the courts of Denton County, Texas.
The CONTRACTOR hereby agrees to commence work on or after the
date established for the start of work as set forth in written
notice to commence work and complete all work within the time
stated in the Proposal, subject to such extensions of time as are
provided by the General and Special Conditions.
The OWNER agrees to pay the CONTRACTOR in current funds the
price or prices shown in the Proposal, which forms a part of this
contract, such payments to be subject to the General and Special
Conditions of the Contract.
CA - 2
IN WITNESS WHEREOF, the parties of these presents have
executed this agreement in the year and day first above written.
ATTEST:
APPROVED AS TO FORM:
City Attorney
AAA0184D
Rev. 04/05/96
CA — 3
rrmv OF nENTQN
OWNER
By —
(SEAL)
ICITUXUXF.
CONTRACTOR
PARTNERSHIP
YI •�!.•uF41=1i
MAILING ADDRESS
918-234-6000
PHONE NUMBER
FAX N a -
BY
'�
CFO/Controller
PRINTED NAME
(SEAL)
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below It is highly
recommended that bidders confer with their respective Insurance carriers or brokers
to determine In advance of Bid submission the availability of insurance certificates and
endorsements as prescribed and provided harem. If an apparent low bidder falls to
comply strictly with the Insurance requirements, that bidder may be disqualified from
award of the contract Upon bid award, all insurance requirements shall become
contractual obligations which the successful bidder shall have a duty to maintain
throughout the course of this contract.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall provide and maintain until the contracted work has been completed
and accepted by the City of Denton, Owner, the minimum Insurance coverage as
indicated hereinafter
As soon as practicable after notification of bid award, Contractor shall file with the
Purchasing Department satisfactory certificates of insurance, containing the bid
number and title of the project Contractor may, upon written request to the
Purchasing Department, ask for clarification of any insurance requirements at any
time, however, Contractors are strongly advised to make such requests prior to bid
opening, since the insurance requirements may not be modified or waived after bid
opening unless a written exception has been submitted with the bid Contractor shall
not commence any work or deliver any material until he or she receives notification
that the contract has been accepted, approved, and signed by the City of Denton
All insurance policies proposed or obtained in satisfaction of these requirements shall
comply with the following general specifications, and shall be maintained in
compliance with these general specifications throughout the duration of the Contract,
or longer, if so noted
• Each policy shall be issued by a company authorized to do business in the
State of Texas with an A M Best Company rating of at least "A"
• Any deductibles or self -insured retentions shall be declared in the bid
proposal If requested by the City, the insurer shall reduce or eliminate
such deductibles or self -insured retentions with respect to the City, its
AAA00350
REVISED 10/12/94 Cl - 1
Insurance Requirements
Page 2
officials, agents, employees and volunteers, or, the contractor shall procure
a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses
• Liability policies shall be endorsed to provide the following
•• Name as additional Insured the City of Denton, Its Officials, Agents,
Employees and volunteers
• • That such Insurance is primary to any other Insurance available to the
additional Insured with respect to claims covered under the policy and
that this Insurance applies separately to each Insured against whom
claim is made or suit is brought The Inclusion of more than one
insured shall not operate to Increase the Insurer's limit of liability
• All policies shall be endorsed to provide thirty(3O) days prior written notice
of cancellation, non -renewal or reduction in coverage
• Should any of the required Insurance be provided under a claims -made
form, Contractor shall maintain such coverage continuously throughout the
term of this contract and, without lapse, for a period of three years beyond
the contract expiration, such that occurrences arising during the contract
term which give rise to claims made after expiration of the contract shall
be covered
• Should any of the required Insurance be provided under a form of coverage
that Includes a general annual aggregate limit providing for claims
Investigation or legal defense costs to be Included in the general annual
aggregate limit, the contractor shall either double the occurrence limits or
obtain Owners and Contractors Protective Liability Insurance
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City
receives satisfactory evidence of reinstated coverage as required by this
contract, effective as of the lapse date If insurance Is not reinstated, City
may, at its sole option, terminate this agreement effective on the date of
the lapse
AAA00350
REVISED 10/12/94 Cl - 2
Insurance Requirements
Page 3
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall
additionally comply with the following marked specifications, and shall be maintained
in compliance with these additional specifications throughout the duration of the
Contract, or longer, if so noted -
[XI A General Liability Insurance.
General Liability insurance with combined single limits of not less than
$1,000,000 shall be provided and maintained by the contractor The policy
shall be written on an occurrence basis either in a single policy or in a
combination of underlying and umbrella or excess policies
If the Commercial General Liability form (ISO Form CG 0001 current
edition) is used
• Coverage A shall Include premises, operations, products, and
completed operations, Independent contractors, contractual liability
covering this contract and broad form property damage coverage
• Coverage B shall Include personal injury
• Coverage C, medical payments, Is not required
If the Comprehensive General Liability form (ISO Form GL 0002 Current
Edition and ISO Form GL 0404) is used, it shall Include at least
• Bodily injury and Property Damage Liability for premises,
operations, products and completed operations, independent
contractors and property damage resulting from explosion, collapse
or underground (XCU) exposures
• Broad form contractual liability (preferably by endorsement)
covering this contract, personal injury liability and broad form
property damage liability
AAA00350 Cl 3
REVISED 10/12/94
Insurance Requirements
Page 4
[XI Automobile Liability Insurance:
Contractor shall provide Commercial Automobile Liability insurance with
Combined Single Limits (CSL) of not less than $500,000 00 either in a single
policy or in a combination of basic and umbrella or excess policies. The policy
will Include bodily injury and property damage liability arising out of the
operation, maintenance and use of all automobiles and mobile equipment used
In conjunction with this contract
Satisfaction of the above requirement shall be in the form of a policy
endorsement for
• any auto, or
• all owned, hired and non -owned autos
[XI Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation Insurance
which, in addition to meeting the minimum statutory requirements for Issuance
of such Insurance, has Employer's Liability limits of at least $100,000 for each
accident, $100,000 per each employee, and a $500,000 policy limit for
occupational disease. The City need not be named as an "Additional Insured"
but the insurer shall agree to waive all rights of subrogation against the City,
its officials, agents, employees and volunteers for any work performed for the
City by the Named Insured For building or construction projects, the
Contractor shall comply with the provisions of Attachment 1 in accordance
with §406 096 of the Texas Labor Code and rule 28TAC 110 110 of the Texas
Worker's Compensation Commission (TWCC)
[ ) Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and maintain at all times during the
prosecution of the work under this contract, an Owner's and Contractor's
Protective Liability insurance policy naming the City as insured for property
damage and bodily injury which may arise in the prosecution of the work or
contractor's operations under this contract Coverage shall be on an
AAA00360
REVISED 10/12/94 Cl - 4
Insurance Requirements
Page 5
occurrence basis, and the policy shall be Issued by the same Insurance
company that carries the contractor's liability Insurance Policy limits will be
at least combined bodily injury and property damage per
occurrence with a aggregate
[ 1 Fire Damage Legal Liability Insurance
Coverage is required if Broad form General Liability is not provided or is
unavailable to the contractor or if a contractor leases or rents a portion of a
City building Limits of not less than each occurrence are required
[ 1 Professional Liability Insurance
Professional liability insurance with limits not less than per claim
with respect to negligent acts, errors or omissions in connection with
professional services is required under this Agreement
[ 1 Builders' Risk Insurance
Builders' Risk Insurance, on an All -Risk form for 100% of the completed value
shall be provided Such policy shall include as "Named Insured" the City of
Denton and all subcontractors as their interests may appear
[ 1 Additional Insurance
Other insurance may be required on an individual basis for extra hazardous
contracts and specific service agreements If such additional insurance is
required for a specific contract, that requirement will be described in the
"Specific Conditions" of the contract specifications
AAA00360
REVISED 10/12/94 Cl - 5
Insurance Requirements
Page 6
ATTACHMENT 1
[XI Worker's Compensation Coverage for Building or Construction Projects for
Governmental Entities
A Definitions
Certificate of coverage ("certificate ")-A copy of a certificate of insurance,
a certificate of authority to self -insure issued by the commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),
showing statutory workers' compensation insurance coverage for the
person's or entity's employees providing services on a project, for the
duration of the project
Duration of the project - includes the time from the beginning of the work
on the project until the contractor's/person's work on the project has been
completed and accepted by the governmental entity
Persons providing services on the project ("subcontractor" in 9406 096) -
includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the contractor and regardless of
whether that person has employees This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor
carriers, owner -operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project
"Services" include, without limitation, providing, hauling, or delivering
equipment or materials, or providing labor, transportation, or other service
related to a project "Services" does not include activities unrelated to the
project, such as food/beverage vendors, office supply deliveries, and
delivery of portable toilets
B The contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any overage
agreements, which meets the statutory requirements of Texas Labor Code,
Section 401 011(44) for all employees of the contractor providing services
on the project, for the duration of the project
AAA00350
REVISED 10/12/94 Cl - 6
Insurance Requirements
Page 7
C The Contractor must provide a certificate of coverage to the governmental
entity prior to being awarded the contract
0 if the coverage period shown on the contractor's current certificate of
coverage ends during the duration of the project, the contractor must, prior
to the end of the coverage period, file a new certificate of coverage with
the governmental entity showing that coverage has been extended
E The contractor shall obtain from each person providing services on a
project, and provide to the governmental entity
(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project, and
(2) no later than seven days after receipt by the contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project
F The contractor shall retain all required certificates of coverage for the
duration of the project and for one year thereafter
G The contractor shall notify the governmental entity In writing by certified
mail or personal delivery, within 10 days after the contractor knew or
should have known, of any change that materially affects the provision of
coverage of any person providing services on the project
H The contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission,
informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify coverage and
report lack of coverage
AAA00350
REVISED 10/12/94 Cl - 7
Insurance Requirements
Page 8
I. The contractor shall contractually require each person with whom it
contracts to provide services on a project, to
(1) provide coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which
meets the statutory requirements of Texas Labor Code, Section
401 011(44) for all of its employees providing services on the project,
for the duration of the project,
(2) provide to the contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being
provided for all employees of the person providing services on the
project, for the duration of the project,
(3) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project,
(4) obtain from each other person with whom it contracts, and provide to
the contractor
(a) a certificate of coverage, prior to the other person beginning
work on the project, and
(b) a new certificate of coverage showing extension of coverage,
prior to the end of the coverage period, If the coverage period
shown on the current certificate of coverage ends during the
duration of the project,
(5) retain all required certificates of coverage on file for the duration of
the project and for one year thereafter,
(6) notify the governmental entity in writing by certified mad or personal
delivery, within 10 days after the person knew or should have known,
of any change that materially affects the provision of coverage of any
person providing services on the project, and
AAA00350 Cl _ 8
REVISED 10/12/94
Insurance Requirements
Page 9
(7) contractually require each person with whom it contracts, to perform
as required by paragraphs (1) - (7), with the certificates of coverage
to be provided to the person for whom they are providing services
J By signing this contract or providing or causing to be provided a certificate
of coverage, the contractor is representing to the governmental entity that
all employees of the contractor who will provide services on the project will
be covered by workers' compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self -insured, with
the commission's Division of Self -Insurance Regulation Providing false or
misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties, or other civil actions
K The contractor's failure to comply with any of these provisions Is a breach
of contract by the contractor which entitles the governmental entity to
declare the contract void if the contractor does not remedy the breach
within ten days after receipt of notice of breach from the governmental
entity
AAA00350 Cl - 9
REVISED 10/12/94
Beal Tulu, OK 74101 3158+o
Under 918 234 6000
November 26, 1997
Purchasing Department
City of Denton
901B Texas Street
Denton, Texas 76201
Subject Feedwater Heater Tube Replacement
Bid Number 2139
Yuba Proposal SQ-0640-97
Gentlemen
We are pleased to submit our proposal to replace the tubing in your H P
Heater 5-4, located at Municipal Electric Generating Station The
tubing would be replaced on a tube for tube basis using 3/4" OD
SA-688-TP304N material in heu of the existing 70-30 CuNi material
Please note that the thermal performance of the retubed heater will be
negatively affected by the change to stainless steel tubing
A completed copy of your "Bid Proposals' forms listing pricing and
delivery is enclosed
The proposal is based on the following
1 Removal of the tubing from the tube bundle cage occurring
with normal anticipated effort This is not always the
situation when exfohation is present
2 Reusing existing bolting
3 Providing a new pass partition gasket
4 Remachming of the shell flange gasket surface has not been
included
5 Scrap materials become the property of Yuba Credit for these
has been included in the quoted price
TELECOPY 8918-234-3345 or 918-234-1010
TELEX 049-2464
6 The cost of a Payment and a Performance Bond has been
included in the pricing as required by your Addendum #1
7 The proposal includes providing a new channel relief valve, in
heu of your existing one The new valve would be a Crosby 3/4"
x 1" Model 951101MD Your existing valve is an obsolete model
and the only replacement parts would be reconditioned from
the original It is anticipated that the cost of the reworked/repaired
valve would approach that of a new valve
A chart showing the work required and the time required to complete it is
enclosed Also enclosed are copies of our ASME Code certificates
Warranty covering materials and workmanship provided by Yuba shall
extend for a period of one (1) year after acceptance of the equipment by the
Owner
In no event shall either party be liable to the other for consequential, special
or incidental damages arising in any way out of the performance of this
contract
We wish to thank you for this opportunity to be of assistance to you on this
project Please feel free to call upon us for further clarification should the
need arise
Very truly yours,
YUUBBA HE T TRANS F R DIVISION
T R Harringto
Director, Qu y1neld Operations
TRH/cp
cc S Naifeh
Longhorn
File
TELECOPY 0918-234-3345 or 918-234-1010
TELEX #49-2464
Yuba PO Box 3158 . p d
ae
Neat Tulsa, OK 74101 3158 �
Tnnsler 918 234 6000
Yuba
Tube Bundle Rebuild
City of Denton, TX
Bid Number 2139
Yuba Proposal SQ-0640-97
Task Name Duration
Open Channel/Prepare for Retube
3 Days
Remove Tube Plugs
1 Day
Remove Tubes
4 Days
Clean & Inspect Parts to be Reused
2 Days
Repair Seal Weld Surface
1 Day
Install & Expand Tubes
3 Days
Install Shrouds & Test Covers/Close Channel
5 Days
Hydrotest Tubeside
1 Day
Ship
1 Day
Alternate
Replace Bundle Cage 15 Days
Tube Delivery - Approx 16 Weeks ARO
TELECOPY 0918-234-3345 or 918-234-1010
TELEX #49-2464
BIR NUMBER 2139 BID PROPOSALS
City of Denton. Texas 9016 Texas St.
Purchasing Department Denton, Texas 76201
Page 2 Of 2
ITEM
DESCRIPTION
OUAN
PRICE
AMOUNT
1.
2.
3.
4.
Retube #5 — Four Feed Water Heater/spec less III.A.9
Additional Cost To Replace Portions 0£ Tube Cage/III.A.9
Inspect Tube Sheet/Channel(up to including III.A.S)
Gaskets, Channel To Shell— FOB City of Denton, T%
1
1
1
2 as
2
a.
LQ,965.Oga.
145.00ea.$290.00
•r42,655.0
15.095.0
10,965.0
TOTALS
We quote the above 10 b delivered to Denton, Texas Shipment can be made in18 Weeka°F$?#from receipt of order Terms net/30
unless otherwise indicated
In submitting the above bid, the vendor agrees that acceptance of any or all bid Items by the City of Denton, Texas within a
reasonable period of time constltues a contract The completed Bid Proposal must be properly priced, signed and returned
Melling Address
City state Lp
Bidder
Signature
Telephone
Loli 4 1;-4 d I M1 IRA
wwsw ua.an «,.q w.
DAR �
The TUV-Zertifizierungsgemelnschaft e V
hereby certifies that
Yuba Heat Transfer
2121 North 161 East Avenue
Tulsa, OK 74101-3158 / USA
has established and applies
a quality system for
Design, Marketing and Manufacture of
Heat Transfer Equipment
An audit was performed, Report No 24011217
Proof has been furnished that the requirements according to
DIN ISO 9001 / EN 29001
are fulfilled
The certificate is valid until
March 1998
Certificate Registration No
12 100 5610
Bonn, March 30, 1995
-�. TUV®
TUV CERT Executive Board
TUV BAYERN SACHSEN
i1c
,Marc 0, 1995
TUV CERT Certification Body
of TUV Bayern Sachsen
THE NATIONAL BOARD OF BOILER AND
PRESSURE VESSEL INSPECTORS
Certificate of Authorization
Number - R 367
THIS IS TO CERTIFY that
YUBA HEAT TRANSFER DIVISION
2121 N 161STE AVE
7TILSA, OKL AHOMA 74116
is hereby authorized to use the Repair Symbol
of The National Board of Boiler and Pressure Vessel Inspectors for
"NATIONAL BOARD CODE REPAIRS AND/OR ALTERATIONS AT THE
ABOVE LOCATION AND EXTENDED FOR FIELD REPAIRS AND/OR
ALTERATIONS CONTROLLED BY THIS LOCATION"
in accordance with the applicable rules of The National Board of
Boiler and Pressure Vessel Inspectors The use of the Repair symbol
and the authority granted by this Certificate ofAuthonzation are subject
to the provisions of the agreement set forth in the application Any
repair stamped with this symbol shall have been made rtnctly in
accordance with the provisions of the National Board Inspection Code
THIS AUTHORIZATION issued or renewed on May 15, 1995
and expires on June 8, 1998 by
THE NATIONAL BOARD OF BOILER AND PRESSURE VESSEL INSPECTORS
ChairmanPPL--
CQ sac
Executive Director dt� �
Secretary % d // i4w�
R. 2
N
i
i
C
LU
a
CU
E
Q
.0
CERTIFICATE OF
AUTHORIZATION
This certificate accredits the named company as authorized to use the indicated
symbol of the American Society of Mechanical Engineers (ASME) for the scope of
activity shown below in accordance with the applicable rules of the ASME Boiler
and Pressure Vessel Code The use of the code symbol and the authority granted
by this Certificate of Authorization are subject to the provisions of the agreement
set forth in the application Any construction stamped with this symbol shall have
been built strictly in accordance with the provisions of the ASME Boiler and Pressure
Vessel Code
COMPANY YUBA HEAT TRANSFER DIVISION
2121 N 161 E AVENUE
TULSA, OKLAHOMA 74116
SCOPE
POWER BOILERS AT THE ABOVE LOCATION AND FIELD
SITES CONTROLLED BY THIS LOCATION
AUTHORIZED
EXPIRES
CERTIFICATE NUMBtR
SYMBOL
APRIL 17, 1995
JUNE 4, 1998
11,179
OriteucC (MLC U
CHAIRMAN OF THE BOILER
AND PRESSURE VESSEL COMMITTEE
DIRECTOR ACCREC' T 4TION AND CER1 FICAT' �I
2ntQrNatia ap, Xns droop, Ltd,
70 Pederal Bt VS&t
Boston, 8A 02110-1935
,,;-
# (617)542-4433
COM&1l Lute$ Pertaurahip
one saterna i*nal Plaae
port Bill 50"WO
Boston, X& 02310
Yuba Division
9Ua a
GREW WAY
a o� cYaN
erssrrw*4m I PM
6996
ws
BWUM QAWM
•C6L 8peoial
Nota
+eea Attad*ad*
City of Denton %4=8
901D TewasiStrset
Denton, TX' 76201
Attnt Mx.'RsY Riedlinger
sY
�... f Y.' :J M �I
MYP
8/03/97 1 8105/90
8/03/97 18/05/98 1
6/05/97 1 8/05/98
8/05
8/03/97 I8/05/98 750,000/$1,750j000
a $350,OOO SIR
WOUM _...
/N{M14 ANY OF 1Ma AeOYa t1C ►ouama as wroalla 95<exE THE
mwwmom ous 1Malew +He ewm ~my w" sww%ow ro
wi *OOA" as To wa m To nee
ur; but oi6lil��9�iN$7�d�1!'1+o aeuonnoH OR
umm OFMW4�Dum-rwe aoMw+wis Ia mm an wwwewaanrnaa
DNISVH02I0d-Vau 0009 PCZ 9TO T YVd CC 90 M 96/OZ/TO
$OLDER 00211
City or Dej"= Texas
OOZE Texqks street
Denton, TS 76201
attus Mr. Ray Medlinger
City of 0goton Texas its orriciale, agents eo leyees and volunteers are named
as kaditional =nsureds with respects to a 8sedvater Heater Tabs PA laaement,
Did No. 11 9.
Bread torn oontraotual liability covering this c ►tract personal injury
liability and broad form propeM d4m9a liability ars 3nolu4ed.
Bodily injury and property Damage Liability for promises, operations, product
and complitad operations, independent ountractors and property d4*96
resulting from explosion, Collapse or underground (XCU) exposures Are also
inoluded.
0009 PCS M [ IM YC 16 17HS i6/69/i0
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That YUBA HEAT TRANSFER DIVISION
whose address is P.O. BOX 3158, TULSA, OK, 74101-3158, hereinafter called Principal, and
Insurance Cc iipany of North America , a corporation organized and existing under the laws of the
State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations
who may furnish materials for, or perform labor upon, the building or improvements hereinafter
referred to, in the penal sum of FIFTY EIGHT THOUSAND NINE HUNDRED FORTY FIVE
and no/10"$58,945.00) in lawful money of the United States, to be paid in Denton County,
Texas, for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents
This Bond shall automatically be increased by the amount of any Change Order or Supplemental
Agreement which increases the Contract price, but in no event shall a Change Order or Supplemental
Agreement which reduces the Contract price decrease the penal sum of this Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-002, with the City of Denton,
the Owner, dated the 6 day of JANUARY, A D 1998, a copy of which is hereto attached and made
a part hereof, for BID # 2139 — FEED WATER HEATER TUBE REPLACEMENT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties and
make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying
labor and/or material in the prosecution of the Work provided for in said Contract and any and all
duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby expressly waived, then this obligation shall be void,
otherwise it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive venue shall
lie in Denton County, Texas
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the same,
shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
PAYMENT BOND - Page 1
The undersigned and designated agent is hereby designated by the Surety herem as the
Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom
service of process may be had in matters arising out of such suretyship, as provided by Article 7 19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 6 day of JANUARY 1998
ATTEST
M1
SECRETARY
ATTEST
BY _
Laurie McLau lin
Yuba Heat Transfer Division of Connell
Lym,tar9 Partnarship
BY `dX;26=
PRESIDENT John R McCutchen
SURETY
Insurance Carpany of North America
Laurie McLaughlin
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is
NAME ACN
STREET ADDRESS2711 North Haskell Avenue, Suite 800, Dallas, TX 75204
(NOTE Date of Payment Bond must be date of Contract If Resident Agent is not a
corporation, give a verso name )
PAYMENT BOND - Page 2
■,
R „
r ..
* i
t;
d
J
which the
INSURANCIE COMPANY OF NORTH AMERICA in
727440
CIGNA
5� Art
AW That 1NSVRANCIir OMPADIY OF NORTH AMERICA , a corporation of the Commonwealth of Pennsylvania have
Pppn¢ylvenths, putsu9litip7lta follOwinB Resolution, adopted by the Board of Directors of the said Company on December 3,
,
w1�twribeay 4mf„dw roa*ajaiwusme,nwasndo4wveitllthumannawwe mmm
eta ' �Y Qy rig p $sea wit I K o_rUY' jg�Aftq% WRY aaua kr Mil M bnhdfaf ow Compoy my ad all boo, unQMek w reMenisenn9m.
s yf49�9 arrmYAm6wntC.apngtcpp�apadd(rmm�arryy ad the eWlO(Ne Cmnpmy d�rcd the", ad tlw NiPriewem
b ") )Abm Oafcer (eienlW oe mWnta)eftMCdihpYi4 edtAtt9rnaye In Pem w eP Pxapata m ettenw Mn exmutb
,GhN J Mp �4
' aG1a,.ryni�ppµYi�yhbedlR$ypolc cQropwytM1mY 9uay41mtah signed bytbs 9raNmomd.anwd w by the CarpemwFmewy
` ��vPpr�ydr>bt��p}�Ev'�ey Wde�de mddje oftbOCamp4ny maY hefmnml by(wunaP an any mo[eamaq armrad pmwna Eeeal
/� ayd QP d tFafJ$i\MftSedbYamNdlatoeay gernn9pmaf MY lucbpwm,Mda,Y such pawmar mtinmm bmrtN Nah tlmlmian
Aj id AA,�
iM1a A+ale ehdl heyPb+taweily tnaN�ll mvRriry anpW OPthd arywladaa.lhn aY r.M+of Wa ('AmpMY ad my eflidrvnmracwrdoPW oamPenY necexvymthe
e r ✓. r �r
ill+td�,t�%�oy(�§�,OldlMplyt�arpyamptnyyy$A�yJyi�adeyPlpwagydaCjitmewpedpp(edAn 1u09 1953 Mq 2t 1973 and March 27 1e77
\y4 \
aces yk 1t�A�Y�I*tN �i� I'1r MARTANNE WRONKA and SANDY WISNi$$i4I all of the City of Boartt9�w`aQh 4ndlyipmat)y if t(fere^oreflu moaepemed, Its true and lawful amomoy�hl•fhct. to make, execute, seal so
d deliver on its
a*� a�da11 bonds, SeF4gniaanoes, contracts and other wridngaup the nature thereof in penalties not exceeding Or
Iti �e,Xe utl'a ofAnob; biourmeace of these prosents shall be ae bindu upon said Company, as fully and amply as i
son r pyu wl4d900 �y the fd elected officers of the mpanY at Its principal o cc
4a�lliA�,eed're¢ident, has hereunto subscribed his name and affixed the corporate coal of the said�E fj TiI RI time 1991
INSURANCE COMPANY OF NORTH AMERICA
tr r
William Jungre s , Vice President
a
Ivania in and for the County of Philadelphia came
illy known to be the individual and officer who
to the preceding instrument a the corporate seal o
of the said corporation, and that Resolution, adop
i1the preceding Instrument, Is now in force
W my had and axed my official seal at the City of Philadelphia the day and year first above
MARY J eNS, (YOtaep Ile
flag ole yY dlt+h� 1ltfNfkiphlla, JW4 Notary Public
r� tat av�ee
k aJ d Doe of INSURANO P. ANY OF"NOR7fH AMERICA , do hereby certify that the cnginal POWER OF ATTORNEY
dip }4 su*m0t iytr�p coasop� m'I' IfPd gapdotlLvt
�h epk 6h ivahamuntasub9�tl6bd names as Siscratary, and afxed-die corporate seat ofthe Corporation, this _ day of
lg
Dtibra it PezWm, 3ecre i�
THIS kOW eS Y Ydv YN 9R u *#-M NY t)9NDVjTff AN e c v DOTE Jane 20�14v4
J .\✓ `i�\,:\�,/i� �: 't �j,.\�''��r��'�� � � „ /� �J fir^
iiN .vr r r
r , , ,
t9,r979DYdaHd,gUaAr yJ xf `J� �r \.i✓'� n^�,4✓�`\r
THE STATE OF TEXAS
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS That YUBA HEAT TRANSFER DIVISION
whose address is P O BOX 3158, TULSA, OK 74101-3158, hereinafter called Principal, and
Insurance Ccaiigany of North America , a corporation organized and existing under the laws of the
State of TEXAS, and fully authorized to transact business in the State of Texas, as Surety, are held
and firmly bound unto the City of Denton, a municipal corporation organized and existing under the
laws of the State of Texas, hereinafter called Owner, in the penal sum of FIFTY EIGHT
THOUSAND NINE HUNDRED FORTY FIVE AND no/100 — ($58,945.00) plus 10 percent of
the stated penal sum as an additional sum of money representing additional court expenses,
attorneys' fees, and liquidated damages ansmg out of or connected with the below identified
Contract, in lawful money of the United States, to be paid in Denton County, Texas, for the payment
of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, admim-
strators, successors, and assigns, jointly and severally, firmly by these presents Tlus Bond shall
automatically be increased by the amount of any Change Order or Supplemental Agreement which
increases the Contract price, but in no event shall a Change Order or Supplemental Agreement which
reduces the Contract price decrease the penal sum of tlus Bond
THE OBLIGATION TO PAY SAME is conditioned as follows Whereas, the Principal
entered into a certain Contract, identified by Ordinance Number 98-002, with the City of Denton,
the Owner, dated the 6 day of JANUARY A D 1998, a copy of which is hereto attached and made
a part hereof, for BID # 2139 — FEED WATER HEATER TUBE REPLACEMENT.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all
of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with
the Plans, Specifications and Contract Documents during the original term thereof and any extension
thereof which may be granted by the Owner, with or without notice to the Surety, and during the life
of any guaranty or warranty required under this Contract, and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of said Contract that may hereafter be made, notice of which modifications
to the Surety being hereby waived, and, if the Principal shall repair and/or replace all defects due to
faulty materials and workmanship that appear within a period of one (1) year from the date of final
completion and final acceptance of the Work by the Owner, and, if the Principal shall fully
indemnify and save harmless the Owner from all costs and damages wluch Owner may suffer by
reason of failure to so perform herein and shall fully reimburse and repay Owner all outlay and
expense which the Owner may incur in making good any default or deficiency, then this obligation
shall be void, otherwise, it shall remain in full force and effect
PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue
shall lie in Denton County, State of Texas
PERFORMANCE BOND - Page 1
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the
Work to be performed thereunder, or to the Plans, Specifications, Drawings, etc, accompanying the
same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be
performed thereunder, or to the Plans, Specifications, Drawings, etc
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government
Code, as amended, and any other applicable statutes of the State of Texas
The undersigned and designated agent is hereby designated by the Surety herein as the
Resident Agent in DENTON County to whom any requisite notices may be delivered and on whom
service of process may be had in matters ansmg out of such suretyship, as provided by Article 7 19-1
of the Insurance Code, Vernon's Annotated Civil Statutes of the State of Texas
IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall
be deemed an original, this the 6 day of JANUARY 1998
ATTEST- PRINCIPAL
Yuba at Transfer Division of Connell
m
SECRETARY
ATTEST,
Limited Partnership
BY
PRESIDENT John R McCutchen
SURETY
Insurance Company of North America
BY L w BY G �'
Laurie McLa lin ATTORNEY -IN -FACT
Mary Ann Grayson
The Resident Agent of the Surety in Denton County, Texas for delivery of notice and service of the
process is
NAME AON
STREET ADDRESS 2711 North Haskell Avenue, Suite 800, Dallas, TX 75204
(NOTE Date of Performance Bond must be date of Contract If Resident Agent is not a
corporation, give a person's name )
PERFORMANCE BOND - Page 2
'r,• ` 4 t
rvdtW
/l1T~, aii�
�r TiM4
�oeab¢,rQb9,
r.
VW,
v % v�'rr^ ` INSURANCE COMPANY OF NORTH AMERICA
'127441
r ,
CIGNA
�I t8. `Fhat EVSURANC9 MFANY OF NORTH AMERICA , a corpore}ion of the Commonwealth of Pannsylvanis havin
,q10 ♦ t i irdisyivanla. pursasit tho ilowing-Resolunon, adopted by the Board of Directors of the said Company on December 5,
omwpunul�pf'j§'Tetl61w 4a,P�`�)ors,py 4awA am followings,*aim 1#wwe the atweon fathe Company ofbnnds, utde,"ns, re-srezemr, coo0 end odw wddnsa in the nature dwwr
[us..... c.:..Cu�il rtliar...,.,a.vt,.twd,6.,. Awe Nwem VladpwsMenrmanv Atmmev,e Fatmveamae fin and on behwfoftbe rRMPNY end end all booda uadenelil raeoamwtaw,
•,
1t M fI4gq�paaaadw OhrPiPbeeeg�b
v0%*janeiadmspa4lY, opVtabn Oit9ridlomwtFkrbbieyn lfwknaatlodaw4ed/utienddeNthyuegrahaanasfiOpntedWtobaYCf+sAhepeyitparanaath'tempeaenYtmbwa,a ep.An2ewltaMmr absuch ar pdiominwdecerbooenranewrndecegpsDawmlxerwboaNtryde
anasraweyiltwMed 1pbwwentm tba
ransom siM eeAl
,elitd�W.PlAtl lhWwdWMYIOsaNfj'-r-fywPiwMlhaxeaiedan theny UMotar CMpay odmydfieavitwMQ040fthe CompwiYme w%c
�jQtl��agt�PbOf'(thfew}IQ'pAWtYa*toda,) i*"nfdmauwdofpItbmnadopted Oa Ju0eA1953 &Uy2%1975 =d MwehA 1071
pl `\ itl> MARY ANN GRAY.SON, MARIANNE WRONKA and SANDY WISNIESKI all of the City of Bosto
'��1 ya�IviduallD if the�a?�tare lhaitobeitamod, i}B trueand lawful attomaY•in•fact to make, oxacute, seal and deliver on its
t8`Y, �>jlyl �l bo0d& u7dEt'roR rxQanBaiFaaeas, wnaacts and outer wrhmgs in the nature d1aMo[ In penalties not exceeding One
6 dU Jttjip axecugbn of spolr�ngs in pUfattaitse of rheas pnscMs shall Its os bindin6 upon said Company, as fully and amply as if
�, a�{aoerF6 � ac1}owle�ge$by tiro tggylgrlp gleotpd o era of the mPcoY at Its pnnofpat o ce
m'.
S F, tho s81d.Williafi is , V la•Prasiden4 has hereunto subacnbed his name and aftixad the corporate seat of the said
OR'PIIAMERICA�IIth day of 3utie I999
i, �; \ INSURANCE COMPANY OF NORTH AMERICA
\
William Jungrei9 , Via President
so
D
In
WUltarn Jungrt{ige'VlepePrkeithritofth INSURANCE COMPANY OF NORM AMIKKILA tome personaity Known m oe me inuiviou it anu uutwr
Mooted rho �Iifta i nil he aclmowledsid1list he exeeuted,the same, and that the seal affixed to the preceding instrument is the On orau
said Comp r' tjlo said' ra(e said and his sigh*0 were duly aftlfred by the authority and direction of the said corporation, and that Resolution
by'tha Eirard�lreem I of Company, referred rolRthe preceding instrument, is now in force
IN TB$TI JONV WkBREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia }Ire day and year first above
SI
•� t �L MARVFj'XX=U4110
* t AF C41 dPO PHtil C�1N1ty NotaryPublio
e �Oaanlr�rmi hd.118
L t'
/
�ahee e�
I, theA�iltdefalgnp4 S,eeretary4f INSVRANCI`vC�IMPWANY OIr'�1ORTA AMERICA , do hereby army that the original POWEROF ATTORNEY,
which the for§4rltt YY6a�d6e+Geliy true slid edtreQbuojy5la In MI tbTd9 and alTact
wi e ` hoiip%khaVao ,@ttbsar(ttddhFY�i9a+a as Se ideudy, and als&tod the corporate seal of the Corporation, this th day of
19
r
t4
l�
Debra H, Fatipra, S \ / ,
THIS Ex"n Boren WITH A�1It4et DATEAx f>t� June xm, l�s
/CAW `V ' y'� ✓r � .A ' /
aaaz7;bedjuymvsA ,r . � .:,,/_`vim, . .`�: �iV/,� `✓� Ate,..: "� � v v i v.. o� � r